It's not a pissing match at all... Do you have any case law to support your proposition? If so, lay it out...would LOVE to see it. Suppose that the CA has no idea that I just moved to a little town in Texas. How could they possibly take an action against me in that little town if they have no idea that I live down there? Talk to an attorney, or open a book, look up "personal jurisdiction" and you will learn something new. I promise you that.
OK....here's another one of my original questions I need help with. I jumped the gun and disputed the account. And my Intent to Sue fax didn't work. I planned on filing suit today if not removed. If after 30 days the item is deleted, do I still have grounds to sue or is my case shot?? Should I go ahead and file today or wait until the investigation is over (really pissed that it would still be on my report for another 25 + days)? -LB
IMO, you should wait until the investigation is over. Why? Because if they verify, without stating that the account is in dispute, you have them on another $1000 violation. I do know that it sucks to have to wait the 25+ days to find out, though. Check out this link http://www.bayhouse.com/credit-forum/showthread.php?s=&threadid=601 - it's a situation similar to yours and it goes off on some tangents that will be helpful for you to read, and some links that you should check out as well (regarding venue, lol). (sorry for all the bayhouse links, but I'm reading this thread at the same time as bayhouse)
You are incorrect The Kid. LB can absolutely sue in his/her own state. We are not guessing. This is a basic principle of law.
Wrong, you always get "home court advantage!",plus the CA will be more than happy to settle once they see you actually sued. I sued EMCC for a x.com account, settled. They never contacted me in MD, I just noticed an entry on my CR.
You mistook the point I was trying to make. Understandable though. The person who FILES A LAWSUIT (plaintiff) files a lawsuit in their jurisdiction. The person or business who RECEIVES THE LAWSUIT (defendant) must respond to the jurisdiction where the lawsuit was filed. This is why small claims works so well for plaintiffs if the defendant lives out of state. I think this is the reason why you object so much. Cuts into your CA profits?
Thanks for posting your experience with them. I'm so peeved that I"m not even gonna wait for the 30 day investigation with Equifax. I called to have the forms mailed to me and once I have them..I'm filing. And when I file, I want deletion and $$$...if they were gonna delete, they should've done so when I attempted to resolve this matter over 9 months ago. -LB
Is there a way to put someone on ignore? I'd really like to ignore this "kid" person. He's had no good information to offer anyone that I've seen... the only thing I've seen him do on here is start flame wars. Now he's saying can't sue a CA in your state because the CA is in a different state? Even though the CA is able to addan entry on your report? Which law books have you studied,kid? I mean, as John Stossel would say, give me a break!
rackt, click on the blue "account" button at the top of your screen. From there, click on the "ignore" button, and you'll get some blanks to put names into. Put in "the kid" and click on the "update" button. doing all this from memory so if I missed a step, forgive me. But that's how I put him on ignore this morning
good idea, depending on when the lawsuit is heard, if they don't settle, you can amend the complaint to include the current violation. But hopefully, once you file, and they get the dispute notice, they will just delete, and say "what tradeline?" Of course, at that point, it is up to you to continue with the violations they have ALREADY committed or just have them sign a settlement letter indicating they will never report the account or SELL it to someone else or RETURN it to the OC. OT-- make sure you ALERT Pbm about Kid's disruptive influence on the board.
from the fair debt collection practices act § 813. Civil liability (d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
Thanks for your input, humblemarc. I've so ticked that I may not settle for just a deletion. They'll at least have to pay my fililng fees, etc. I mean, what is it with CA's. They won't delete until I actually sue...why go through all the drama..DELETE ALREADY. BTW, I just pulled my report..it's still there. Obviously, they don't take my "threats" seriously. -LB
Actually, I am providing accurate information, my friend. As indicated previously, in order for there to be jurisdiction in a particular court, the court must have personal jurisdiction and subject matter jurisdiction. You can find both of these legal concepts discussed at length in any civil procedure text. You may wish to do a search on google.com under "civil procedure emanuels" and that will get you started on an explanation of subject matter and personal jurisdiction. I assure you that these concepts are well founded, not something that I am making up. lol Some of the posters act as though you can sue anyone in any jurisdiction at all, and that is inaccurate. Think of the consequences...a plaintiff could select ANY forum at all. This is NOT how it works, folks. Doc or anyone who understands personal jurisdiction would tell you the same. If the person who began this thread is still listening, perhaps you can indicate whether the CA made any phone calls to you or sent any mail to you in the county in which you wish to file suit.
You remind me a lot of another dipstick that used to call himself "JustMe". As usual you are wrong here again. You really need to do some basic research on jurisdiction. Gib
No debate, but do you know what personal jurisdiction is? Do you think that the court needs personal jurisdiction over a party in order to sue them?
Well, I am saying that in order for a particular court to hear a case regarding a party, that court generally must have personal jurisdiction over the party. A party can waive a lack of personal jurisdiction defense if they wish to. Subject matter jurisdiction cannot be waived. I am not flaming anyone here at all...not sure why you think that. I am talking about personal jurisdiction. I am not making this up, folks. LOL
Please read this link if you want to learn something about jurisdiction: http://www.lexisnexis.com/lawschool/emanuel/web/civpro/index.html
The Kid, your application of this info. is incorrect. LB certainly can sue this CA in his/her state. I know this as a fact. So do many others here. It is a basic principle of law. You are making a fool of yourself. You will do yourself a favor by letting this go.
